(Tex. 268 (S.B. September 1, 2021. AGGRAVATED ASSAULT. HARASSMENT BY PERSONS IN CERTAIN FACILITIES; HARASSMENT OF PUBLIC SERVANT. The offense becomes a first-degree felony when any of the following circumstances apply: For a first-degree felony, a conviction carries five to 99 years in prison and a fine of up to $10,000. If the assault also involved certain circumstances such as domestic violence, it can be considered a first degree felony with punishments that include up to life in prison. Lic.# 0022. If you are convicted of an aggravated assault deadly weapon or serious bodily injury charge, the court may require you to pay restitution to the victim for his or her medical treatment, counseling, and property damages related to the crime. The estimated bail amount in such cases can be more than $500,000. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Assault can also becomes Aggravated Assault with the use or exhibition of a deadly weapon during the commission of the crime. (c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. (f) For the purposes of Subsections (b)(2)(A) and (b-3)(2): (1) a defendant has been previously convicted of an offense listed in those subsections committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and. Acts 2019, 86th Leg., R.S., Ch. 1031, Sec. 2, eff. 91), Sec. 1.01, eff. 6), Sec. 164, Sec. 594 (H.B. The alleged victim knows that if he does not claim you attacked him first with the gun, he will face his own aggravated assault deadly weapon arrest and face prosecution and a possible conviction. 3, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. Call the bail bond professionals for aggravated assault bonds at A-1 Bonding Company, Houston, at 22.01. 1.125(a), eff. That includes charges of physically touching the victim or issuing a threat. 284(32), eff. 62, Sec. Our team approach to criminal defense will ensure you have the resources you need to aggressively fight your criminal case and protect your freedom and your future. September 1, 2005. September 1, 2005. (b) An offense under Subsection (a)(1) is a Class B misdemeanor. 623 (H.B. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 788 (S.B. If you are just holding a deadly weapon but the alleged victim tells the police they were scared for their life, you can be charged with aggravated assault. September 1, 2007. 76, Sec. Let us start building your defense. 643), Sec. (c) An offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except that the offense is: (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; (2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either: (A) while the participant is performing duties or responsibilities in the participant's capacity as a sports participant; or, (B) in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant; or. Sept. 1, 2001. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed in those subsections is a conviction of the offense listed. 12, eff. This Because this charge is categorized as a felony under Texas law, it must be presented to a grand jury. Acts 2021, 87th Leg., R.S., Ch. There are various ways to classify a misdemeanor, depending on the circumstances, the criminal history record, the status and nature of the attack, etc. 705), Sec. 22.05. Do not delay. WebTexas Penal Code Sec. 549), Sec. ASSAULT. Its the highest possible felony in Texas and it applies when committed against dating partners, family members, or household members. A Texas based bail bond agent will charge you a fee that is equal to 10% of the total bail amount in exchange for posting bond on your behalf. 505 N Frazier St. Conroe , TX. July 22, 1977; Acts 1979, 66th Leg., p. 260, ch. 1, eff. Because Aggravated Assault Serious Bodily Injury is a second-degree felony charge, it must be presented to a grand jury for indictment. These are considered non-sexual forms of assault and prosecutors can use the charges to convert a class A misdemeanor into a third-degree felony. 14.829, eff. 1, eff. 142, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 1, eff. 1, eff. Texas Criminal Attorneys Taking Care of Texas Blawg. 3, eff. Sec. September 1, 2019. Third-degree assault charges can be punished with a maximum fine of $10,000 and up to 10 years in prison if the assault was of high severity and the victim belongs to one of the categories mentioned above. 1, eff. Aug. 27, 1979; Acts 1979, 66th Leg., p. 367, ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. Escape from felony custody. 1.01, eff. Acts 2009, 81st Leg., R.S., Ch. 260 (H.B. 318, Sec. (e) For purposes of Subsection (a)(3), the actor is presumed to have known the person was a public servant if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant. 665 (H.B. Sec. Typically, Aggravated Assault is charged as a Second or First Degree felony. 791, Sec. September 1, 2017. Nothing on this website should be considered valid legal advice, nor is it intended to be. 91), Sec. 896, Sec. To act knowingly means to act in a manner that you are aware that your conduct is reasonably certain to cause the result. For example, if someone shoots in the direction of someone knowing there are people around their target, it does not matter if they meant to shoot them. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. Amended by Acts 1979, 66th Leg., p. 367, ch. The penalty increases to a third-degree felony if it involves discharging a firearm. arts. Sept. 1, 1995; Acts 1995, 74th Leg., ch. WebIn Texas, an aggravated assault is a second degree felony with punishments including 2 to 20 years in prison and a fine of up to $10,000. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (2) "Process server" has the meaning assigned by Section 156.001, Government Code. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. (936) 539-4444. Acts 2017, 85th Leg., R.S., Ch. The maximum punishment a person can get for this type of assault in Texas is a fine of $500. Sec. 2, eff. (a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (2) serious mental deficiency, impairment, or injury; or. Sept. 1, 2003; Acts 2003, 78th Leg., ch. September 1, 2021. Sec. September 1, 2017. 900, Sec. WebAggravated sexual assault is a 1 st degree felony and carries a potential 5 to 99 years in prison Child Pornography can be charged as up to a 2 nd degree felony which carries a 2 to 20 year prison term. 3, eff. According to Tex. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2021. 1, eff. 5, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 977, Sec. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. Deadly weapons can be any object that's capable of causing death or serious bodily injury and used in such a manner. 946), Sec. As an alternative to jail or prison, a judge may authorize community supervision (probation) for offenders who are sentenced for misdemeanors or felonies with less than 10 years of incarceration. (3) a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 2, eff. Lets take a look the statutory definition of the offense. According to the Texas Code of Criminal Procedure, bail is a security that the accused individual will appear at court on the given date to fight or accept the accusations brought against him. September 1, 2007. A convicted felon loses the right to vote and carry firearms and can lose certain professional licenses. (e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree. (A) an officer or employee of the Texas Civil Commitment Office: (i) while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or, (ii) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or. 284 (S.B. ANYTHING can be a deadly weapon if the manner of its use was intended to cause serious bodily injury or death. A 3rd-degree felony includes deliberately harming a family member, dating partner, or household member. Lets give you an example of a bail bond amount. (i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title; (ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and, (iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or, (A) the actor was not more than three years older than the victim at the time of the offense; and. 900, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. If you or your loved one has been arrested for assault in Texas, make sure to contact a Texas based bail bond agentto post the bond on your behalf. 366, Sec. 3, eff. Typically, Aggravated Assault is charged as a Second or First Degree felony. 2023 Acts 2005, 79th Leg., Ch. (b-3) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if: (1) the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; (2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; and. 528, Sec. Acts 2017, 85th Leg., R.S., Ch. A Class A misdemeanor is the least serious of these charges. Acts 2017, 85th Leg., R.S., Ch. 977, Sec. (2) is committed against a public servant. 436 (S.B. 1, 2, eff. Amended by Acts 1993, 73rd Leg., ch. September 1, 2015. Added by Acts 1983, 68th Leg., p. 5312, ch. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (e) An offense under Subsection (a) is a Class A misdemeanor. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.